Memorandum of Understanding Between The Department of the
Interior andThe National Archives
and Records AdministrationRegarding
an American Indian Records RepositoryLocated at NARA's Lenexa, Kansas,
Regional Records Services Facility

A Memorandum
of Understanding (MOU) is made and entered into between the Department
of the Interior (DOI) and the National Archives and Records Administration
(NARA) for the purpose of consolidating and preserving on a continuing
and long-term basis designated Indian records in the possession of DOI's
Bureau of Indian Affairs (BIA) and the Office of the Special Trustee
for American Indians (OST), and related DOI fiduciary trust records,
as jointly agreed to, at NARA's regional records services facility in
Lenexa, Kansas.

Article I. Background
and Objectives

A. Within DOI,
the mission of the BIA is to fulfill its trust responsibilities and
promote self-determination for American Indian Tribes, individual American
Indians and Alaska Natives (hereinafter collectively referred to as
American Indians). BIA develops and implements, in cooperation with
Tribal governments, Native American organizations, other federal agencies,
state and local governments, and other interested groups, economic,
social, educational and other programs for the benefit and advancement
of American Indians.

B. Within DOI,
OST was established to oversee and coordinate reforms within DOI of
practices relating to the management and discharge of the Secretary's
trust responsibilities to American Indians.

C. DOI, pursuant
to the American Indian Trust Fund Management Reform Act of 1994 (1994
Act) and prior laws, is charged with management of the U.S. Government's
trust responsibilities to American Indians, including with respect to
records management. DOI established the Office of Trust Records in 1999
to develop and implement a program for the economical and efficient
management of trust records, consistent with the 1994 Act, the Federal
Records Act, other statutes and their implementing regulations.

D. A core mission of NARA is to assist agencies in the management of
their records from the time those records are created, in order to ensure
that essential documentation is available to the U.S. Government, today's
citizens, and future generations. Pursuant to the Federal Records Act
at 44 U.S.C. 2107, when it appears to the Archivist of the United States
to be in the public interest, NARA will accept for deposit the records
of a federal agency that have sufficient historical or other value to
warrant their continued long-term preservation by the United States
Government. Additionally, through its Records Center Program, NARA provides
secure, cost-efficient storage and servicing of non-active agency records
in facilities that are compliant with 36 C.F.R. Part 1228, Subpart K.

E. NARA's new
regional records services facility in Lenexa, Kansas (the Lenexa facility),
can accommodate the archival storage of records in accordance with strict
NARA facility standards for the preservation of archival records. The
Lenexa facility has sufficient future capacity to hold all of the records
of the American Indian Records Repository within the scope of the present
MOU.

F. DOI and NARA
jointly believe that it is in the public interest to consolidate designated,
non-active Indian records, presently in the custody of DOI, in the Lenexa
facility managed by NARA. It is in the further interest of all parties
that the proposed consolidation include Indian records presently stored
in NARA's regional records services facility in Lee's Summit, Missouri.

G. Haskell Indian
Nations University (Haskell University), located in Lawrence, Kansas,
is an accredited four-year college operated and funded by the BIA, with
a core mission of being a national intertribal center for teaching,
extension and research related to the study of American Indian Nations
culture and affairs.

H. DOI and NARA
agree that it is in the public interest for Haskell University to develop
an archival and records management studies program. The resulting educational,
outreach, and training programs to be conducted by the faculty and staff
of Haskell University can lend support to the management of Indian records
stored at NARA's Lenexa facility.

Article II.
Authority

Authority for
NARA to enter into this MOU is contained in the Economy Act, 31 U.S.C.
1535, the Federal Records Act, 44 U.S.C. 2107 and 2907, and NARA's Records
Center Revolving Fund authority, Pub. L. 106-58, Title IV, 113 Stat.
460-61 (1999), codified at 44 U.S.C. 2901 note. The authority for DOI
to enter into this MOU is contained in the American Indian Trust Fund
Management Reform Act of 1994, 25 U.S.C. 4001, et seq., the Federal
Records Act,
44 U.S.C. 3101, et seq., and the Duties of the Commissioner of Indian
Affairs, 25 U.S.C. 2.

Article III.
Framework of the Agreement

A. NARA agrees
to:

1. Establish an "American Indian Records Repository" at NARA's
Lenexa facility within the framework of NARA's existing regulations
governing regional records center facilities, 36 C.F.R. Part 1228. The
American Indian Records Repository will consist of a consolidated collection
of non-active Indian records currently residing in the legal and physical
custody of DOI, which warrant continued preservation by the U.S. Government
in order to document rights and entitlements, the actions of government,
and the national experience. Records to be transferred from DOI to NARA
for inclusion in the American Indian Records Repository at the Lenexa
facility will be as specified in a series of records transfers, as jointly
agreed to by NARA and DOI, utilizing Standard Forms (SF's) 135 and 258.
These transfers will be made in accordance with and pursuant to existing
and future SF-115 records schedules governing the retention of records,
consistent with NARA's practices and policies.

2. Relocate
to the American Indian Records Repository at the Lenexa facility Indian
records presently stored at NARA's Lee's Summit regional records services
facility.

3. Preserve
the integrity of the records collection in the American Indian Records
Repository by maintaining these records as a separate entity within
the Lenexa facility.

4. Build storage
space at DOI's request and maintain records within the American Indian
Records Repository at the Lenexa facility in accordance with NARA 1571,
"Archival Storage Standards," which establishes structural,
environmental control, fire safety, preservation, and security standards
for appropriate archival storage conditions in NARA archival facilities,
or any superseding guidance as authorized and approved by the Archivist.

5. Assist DOI
in establishing a program to manage and provide continuing access to
Indian records in electronic formats, including at the Lenexa facility.

6. Provide,
upgrade, and/or build all facilities necessary at the Lenexa facility
to support use of the American Indian Records Repository by DOI staff
and contractors, Haskell University faculty and students, and other
researchers, including a research room, work spaces, offices, conference
room, copying equipment rooms, and additional space as required.

7. Provide for
servicing of records in the American Indian Records Repository to DOI
staff and to persons authorized by DOI (including Haskell University
faculty, staff, and students), in accordance with applicable federal
law, and NARA Records Center Program policies and practices.

8. Provide that
for any records that have been transferred into the legal custody of
NARA pursuant to an SF-258, questions on access to records in the American
Indian Records Repository will be referred to the Archivist of the United
States or his designated NARA representative.

9. Restrict
access to original documents for reference purposes when those documents
have been satisfactorily reproduced on microfilm and reference prints
or other media are available.

10. Upon request, appropriate NARA components will, in accordance with
NARA regulations, make available to researchers at the Lenexa facility
copies (including, as appropriate, microfilm copies or scanned images)
of existing Indian records in NARA's regional and Washington, D.C.,
national headquarters archival collections. Copies of all such requested
records will also be incorporated into the American Indian Records Repository
at the Lenexa facility.

11. Foster an
affiliated relationship with Haskell University, including authorizing
NARA staff to participate, to the extent permitted by Federal law, in
educational, outreach, and training programs involving DOI and Haskell
University, and including NARA support of work-study employment, internships,
and similar opportunities for Haskell University students to work at
the American Indian Records Repository.

B. DOI agrees
to:

1. Until such
time as records are transferred to the Lenexa facility, continue to
be responsible for the care and preservation of both inactive and current
records in its physical custody.

2. Transfer
agreed-upon collections of existing Indian records presently in the
physical custody of DOI to NARA's Lenexa facility when no longer active
or current, for continued maintenance in the American Indian Records
Repository, in accordance with applicable NARA regulations and guidance,
and in compliance with applicable court orders and DOI record move requirements.

3. Provide adequate
funding for the establishment and maintenance of an American Indian
Records Repository at the Lenexa facility, including (a) payment of
fees for the storage and servicing of records at the facility in accordance
with the provisions of NARA's Records Center Revolving Fund; b) reimbursement
to NARA for the cost of moving the present collection of Indian records
at Lee's Summit to Lenexa, in accordance with III.A.2, supra; (c) funding,
upon DOI approval, for research room, work spaces, and other office
space facilities associated with the American Indian Records Repository,
as specified in III.A.6, supra; (d) funding, upon DOI approval, for
NARA staff costs associated with the educational, outreach, and training
programs contemplated under III.A.11, supra; and (e) funding, upon DOI
approval, for other costs to NARA that arise in connection with continued
usage and maintenance of the records within the American Indian Records
Repository.

4. Subject to
the availability of funds and resources and within existing laws and
regulations, will work jointly with Haskell University to identify and
create a series of programs and projects involving the study of and
continued preservation of Indian records within the American Indian
Records Repository at the Lenexa facility. These programs and projects,
which will also involve utilization of NARA staff, are expected to include
(but would not be limited to): providing for a general program of education,
including training seminars and workshops, internships and other work
study opportunities; conservation activities of archival materials,
including holdings maintenance and preservation copying; archival description
and reference functions; and public programs, exhibits and publications.

C. The parties agree:

1. That this
MOU will terminate in the event of a lack of funding by DOI of the operations
of the American Indian Records Repository, as specified in Article III.B.3,
supra, or upon 180 days notice of either party.

2. That nothing
in this agreement may be construed to obligate either party to any current
or future expenditure of resources in advance of the availability of
appropriations from Congress. This agreement does not obligate either
party to spend funds on any particular project or purpose, even if funds
are available. The parties will arrange for any transfer of funds, property
or services in separate agreements under applicable authority.

3. That this
MOU will be subject to formal periodic reevaluation and possible amendment
by the parties at intervals of no less than every five years from original
date of enactment.

4. That all
press releases and public statements issued by DOI or NARA concerning
or characterizing this MOU will be jointly reviewed and agreed to by
delegated staff representing each of the undersigned signatories.